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SUPREME COURT DISMISSES SERVIER’S APPEAL

Daniel  Toledano QC acted for the successful respondents in Les Laboratoires Servier and another (Appellants) v Apotex Inc and others (Respondents) [2014] UKSC 55, the latest Supreme Court case dealing with the illegality principle (ex turpi causa). The Supreme Court found that the principle is a rule of law which applies only to criminal or quasi-criminal acts and not to a civil wrong such as patent infringement which lacks the necessary quality of turpitude. The Supreme Court dismissed Servier’s appeal. 

The respondents were represented by Daniel Toledano QC, Thomas Mitcheson QC and Harris Bor, instructed by Taylor Wessing LLP.

Full text of the judgment here